Radiocommunications Act 1989 No 148 (as at 29 July 2008), Public Act

116 Regulations
  • (1) The Governor-General may from time to time, by Order in Council, make regulations—

    • (a) providing for the making of applications for, and the granting of, radio licences granting to holders the right to transmit radio waves on specified frequencies; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (b) providing for the making of applications for, and the granting of, general user radio licences granting to every person the right to transmit radio waves on any frequency specified in the licence; and providing for the terms and conditions subject to which general user radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (c) authorising the Secretary to grant exemptions from the requirement for a radio licence in respect of the transmission of radio waves using certain radio apparatus, where the Secretary is satisfied that a licence is not required for the efficient and effective management of the radio frequency spectrum:

    • (d) requiring, as a condition of a radio licence or a condition of an exemption from the requirement to obtain a radio licence, that every transmission comply with Schedule 1:

    • (e) providing for the allocation of radio licences by competitive tender, auction, or by any other means, and for the payment of consideration to the Crown for the allocation:

    • (f) providing for the making of applications for, and the granting of, radio licences, providing for the protection from harmful interference from co-channel emissions; and providing for the terms and conditions subject to which radio licences may be granted, amended, transferred, suspended, or revoked (including the amending of those terms and conditions):

    • (g) prescribing offences in respect of contraventions of any regulations made under this section.

    (2) Without limiting the Acts Interpretation Act 1924, no regulation made under this section shall be invalid because it leaves any matter to the discretion of the Secretary or any other person or because it authorises the Secretary or any other person to give any consent or approval or to set any standard on or subject to conditions to be approved by the Secretary.

    Paragraph (ca) of the original subsection (1) was inserted, as from 30 June 1995, by section 2 Radiocommunications Amendment Act 1995 (1995 No 38).

    Paragraph (e) of the original subsection (1) was amended, as from 31 August 1990, by section 8(1) Radiocommunications Amendment Act 1990 (1990 No 104) by inserting the words , and providing for the waiver of any such fees by the Secretary.

    Subsection (1) was substituted, as from 12 October 2001, by section 41 Radiocommunications Amendment Act 2000 (2000 No 8). See clause 2 Radiocommunications Amendment Act Commencement Order 2001 (SR 2001/239).

    Subsection (1)(a) and (b) was substituted, as from 31 October 2006, by section 28(1) Radiocommunications Amendment Act 2006 (2006 No 54).

    Subsection (1)(e) and (f) was substituted, as from 31 October 2006, by section 28(2) Radiocommunications Amendment Act 2006 (2006 No 54).